Also known as: warranties of fitness for human habitation · implied warranty of habitability · warranty of habitability
Written by attorneys · grounded in primary & secondary sources — see below
An implied promise by a landlord that leased residential premises are safe and suitable for human occupancy. The warranty requires the landlord to maintain conditions that comply with housing codes and do not create dangerous defects affecting basic habitability. Breach occurs when the landlord fails to exercise reasonable care to repair known code-violating conditions after notice.
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Tara rented a condominium unit from Brightview Properties LLC. A rooftop mechanical room under Brightview's control leaked repeatedly. Tara reported the leaks multiple times, but Brightview only patched drywall without fixing the source. City inspectors cited code violations for water intrusion and mold. The ceiling collapsed and injured Tara and her subtenant Luis.
Dana rented an apartment from the Metro Housing Authority. The local housing code required operable heat and weatherproof windows. Dana repeatedly reported broken radiators and windows that would not close. The Authority delayed repairs citing budget issues. During a cold snap the unit temperature dropped near freezing and both Dana and a visiting child suffered frostbite.
Lena rented a townhome unit from Victor. Inadequate heating and leaky windows violated the local housing code. Lena gave repeated notice of the defects over several months. Victor performed only superficial repairs. The unit remained below habitable temperature during winter, forcing Lena to incur extra heating costs and suffer health effects.
Sun Outreach rented a residential unit from Zachary for program use. Rodent infestations and repeated heating failures below 55 degrees persisted after six months of notice. Zachary performed only one cursory extermination. The conditions rendered the premises unusable, supporting lease termination and recovery of documented relocation expenses.
The warranty of fitness for human habitation ordinarily runs from the builder-vendor to the first purchaser. Courts are divided on whether a later purchaser without privity may sue the original builder directly. Recovery turns on whether the jurisdiction extends the warranty to subsequent buyers.
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A landlord is liable for physical harm to the tenant and others on the premises with the tenant's consent if the landlord fails to exercise reasonable care to repair a dangerous condition that violates the implied warranty of habitability or a housing code duty. Notice and failure to repair after notice are key elements.
…with the obligations imposed on the landlord by a typical modern housing code, and must be abandoned[^maj-28] in favor of an implied warranty of habitability.[^maj-29] In the District of Columbia, the standards of this warranty are set out in the Housing Regulations. IV A. In our judgment the common law itself must recognize the…
…nation. The Indiana courts have joined the throng of state courts in (i) declaring that residential landlords are bound by an
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A tenant who justifiably terminates a lease for breach of the implied warranty of habitability may recover reasonable relocation costs. Chronic infestations and heating failures that render the premises unusable support termination and recovery of documented moving and cleaning expenses.
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The landlord's duty under the warranty of habitability runs to the tenant and to others on the leased property with the tenant's consent. A visiting child or subtenant injured by an unrepaired code-violating condition may recover when the landlord had notice and failed to repair.
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